The American Association of University Professors has become involved in a tenure dispute at the Houston institution. A top AAUP staffer says he'll likely push for a formal investigation later in June.

"Barring further developments, I would expect we'll move forward with a recommendation to investigate the situation," said the AAUP's Gregory Scholtz. "(M.D. Anderson) seems rather unapologetic about its lack of a tenure system."

A spokesman for M.D. Anderson said its system balances the center's need to attract and retain top faculty toward its mission of ending cancer while also preserving academic freedom. He said the system has served M.D. Anderson faculty and citizens of Texas very well for almost 40 years.

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Under the system, M.D. grants professors a kind of tenure, but requires they reapply for renewal every seven years. It is referred to as either term tenure or term appointments.

If M.D. Anderson is censured, it would become one the most prominent institutions on the list, which is mostly populated by lesser known schools. The stigma is considered a huge blow to an institution's prestige and ability to attract and retain highly qualified faculty.

The purpose of a formal investigation is to determine whether to censure the institution, said Scholtz, director of the AAUP's department of academic freedom, tenure and governance.

Scholtz said "term tenure" is "a contradiction in terms" given that tenure is meant to "last until retirement, resignation or dismissal for cause," such as incompetence or misconduct. At most institutions, it's usually granted once, after a grueling process in which professors demonstrate excellence in education, research and service.

But M.D. Anderson spokesman Jim Newman called it unfortunate the AAUP is so focused on the word "tenure."

"We are highly transparent with all faculty members who interview with our institution for positions," said Newman, "Every faculty member who chooses to join MD Anderson is made fully aware of the our term-appointment system during the hiring process."

No renewal for trio

The issue originated because M.D. Anderson President Dr. Ronald DePinho denied tenure renewal to three professors who had received unanimous recommendations from the institution's promotion and tenure committee. The action generated controversy because presidents generally honor the judgments of committees.

An M.D. Anderson's faculty senate report, "Renewal of Tenure: The Presidential Veto," found that though the rate is still low, 2.3 percent, it's increased threefold since DePinho became president in August 2011. From 2012 to 2013, it found, three of 130 candidates' recommended tenure reapplications were denied, up from two of 260 from 2005 to 2011.

"The present situation must be considered the final morale buster," says the report. "Do your job and in the critical period of your life, after the most advantageous years of mobility, find you are not wanted."

The "final morale buster" line refers to a series of controversies that plagued M.D. Anderson in 2012 and 2013 - DePinho's touting of his company's drug on television, lavish spending on his wife's M.D. Anderson office furniture, the exemption of DePinho's ties to certain drug manufacturers from the institution's conflict of interest policy and faculty concerns that pressure to see more patients could affect quality of care. Subsequent surveys found declining morale.

No explanation

Two of the three professors denied tenure - Kapil Mehta, 63, and Zhengxin Wang, 52 - complained publicly that they had done everything necessary to meet renewal requirements and were never given an explanation for DePinho's decision. (The third professor denied tenure has opted not to make his case public.)

Douglas Boyd, a senator and AAUP member, subsequently filed a request for the organization to investigate the matter. He wrote that M.D. Anderson wasn't adhering to AAUP principles regarding academic freedom and tenure, started after political firings of educators in the early 20th century.

In May, Scholtz wrote DePinho that the AAUP was "deeply troubled" by the matter. He requested DePinho rescind the notice of non-reappointment issued to both professors and reinstate them to their full-time appointments. He wrote that "our further course of action in these cases will depend upon how you will act now."

DePinho did not respond to the specific request to reinstate the two professors, but wrote that the AAUP doesn't have all the "relevant information" pertaining to their cases.

Citing statistics on the rarity of presidential tenure denials, he added "any suggestion that our faculty are at risk of non-renewal of their appointment for capricious purposes is simply not supported by the facts."

"As a publicly supported comprehensive cancer center, we have a responsibility to our patients and to the public that our faculty and staff maintain the highest level of excellence and accountability," DePinho wrote. "This is why we strongly believe the long-standing term appointment system at MD Anderson serves to balance these two crucial needs."

Concerns remain

Scholtz told the Chronicle that DePinho is essentially saying, "we don't have tenure because we so seldom dismiss faculty from their positions. That doesn't address our concerns about the lack of security for faculty doing important research and teaching." He said the AAUP looks at "larger issues" besides individual faculty member cases in resolving matters.

Scholtz acknowledged that medical schools have business concerns that many universities don't, but said he's not aware they are any less committed to tenure.

The most prominent institutions currently on the AAUP censure list are UT Medical Branch at Galveston, Louisiana State University and the State University of New York. There are 52 institutions on the list. UTMB's dates to Hurricane Ike, when the destruction wrought caused huge financial problems.

The AAUP, founded in 1915, represents 47,000 faculty members and 300 chapters.

Its executive director must order up an investigation into whether to censure an institution.